Carrier v. New York City Housing Authority et al
| John Carrier |
| New York City Housing Authority and City of New York |
| 1:2022cv00335 |
| January 20, 2022 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Robert M Levy |
| P.I.: Other |
| 28 U.S.C. § 1391 Personal Injury |
| Plaintiff |
Docket Report
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| Filing 15 ANSWER to #1 Complaint by City of New York. (Hastings, Alexandra) |
| Filing 14 NOTICE of Appearance by Alexandra Hastings on behalf of City of New York (aty to be noticed) (Hastings, Alexandra) |
Filing 13
SCHEDULING ORDER: An initial conference by telephone has been scheduled for April 26, 2022 at 2:30 p.m., before the Honorable Robert M. Levy, United States Magistrate Judge at (888) 684-8852; Access Code #: 6223489. All counsel must be available. Plaintiff's counsel is directed to confirm with defendants' counsel that all necessary participants are aware of this conference. Ordered by Magistrate Judge Robert M. Levy on 3/17/2022. (Attachments: #1 IC QUESTIONNAIRE, #2 INDIVIDUAL RULES) (Marino, Janine)
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| Filing 12 ANSWER to #1 Complaint by New York City Housing Authority. (Granofsky, Richard) |
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ORDER granting #11 Motion for Extension of Time to Answer re #11 Letter MOTION for Extension of Time to File Answer All Defendants. Ordered by Magistrate Judge Robert M. Levy on 2/22/2022. (Levy, Robert)
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| Filing 11 Letter MOTION for Extension of Time to File Answer by City of New York. (Friesz, Mark) |
| Filing 10 Letter MOTION for Extension of Time to File Answer by New York City Housing Authority. (Granofsky, Richard) |
| Filing 9 NOTICE of Appearance by Richard Granofsky on behalf of New York City Housing Authority (aty to be noticed) (Granofsky, Richard) |
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ORDER granting #10 Motion for Extension of Time until 3/17/22 for Defendant (NYC Housing Authority) to Answer. Ordered by Magistrate Judge Robert M. Levy on 2/10/2022. (Marino, Janine)
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ORDER: The Court finds that Plaintiff's #8 response to the 1/24/2022 Show Cause Order is sufficient to meet the jurisdictional threshold, based on the medical expenses and lost wages Plaintiff has incurred and reasonably expects to incur, without giving any consideration to the total damages Plaintiff intends to demand. Ordered by Judge Pamela K. Chen on 1/25/2022. (Mahkamova, Shirin)
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| Filing 8 Letter Response to Judge Chen's Order Pursuant to 28 U.S.C. 1332(a)(1) by John Carrier (Attachments: #1 Exhibit Select Pages of Medical Records, #2 Exhibit Lien Letter) (White, Shaun) |
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ORDER TO SHOW CAUSE: Plaintiff is directed to file a letter by 3/14/2022 showing cause why this case should not be dismissed for lack of federal subject matter jurisdiction. See 28 U.S.C. 1332(a); Shakour v. Fed. Republic of Ger., 199 F. Supp. 2d 8, 12 (E.D.N.Y. 2002) ("District courts must police subject matter jurisdiction on their own initiative."). Plaintiff's #1 Complaint asserts jurisdiction under 28 U.S.C. 1332(a)(1) but fails to allege adequately the required amount in controversy. The Complaint provides no reasonable basis to conclude that Plaintiff's claims exceed $75,000 in value. Although Plaintiff alleges that he (1) "sustained injuries" and "has been confined to hospital, bed and home by reason thereof," (2) "suffered, and continues to suffer severe physical pain and mental anguish," (3) "has been disabled" and "will be totally and/or partially disabled for a long time to come," and (4) "has incurred and will incur expenses for medical care, lost earnings and other economic loss," see Complaint, Dkt. #1 , ¶ 26, these general allegations are not enough to establish jurisdiction. See Valente v. Garrison From Harrison LLC, No. 15-CV-6522 (DLI) (MDG), 2016 WL 126375, at *2 (E.D.N.Y. Jan. 11, 2016) (remanding case because "the [c]omplaint's boilerplate allegations that [the p]laintiff sustained severe personal injuries, was rendered sick, sore, lame and disabled, required medical attention, suffered pain, will continue to suffer and will require medical attention in the future'" "do not suffice to establish that this action involves an amount in controversy adequate to support federal diversity jurisdiction.") Moreover, Plaintiff's assertion that the amount of damages "exceeds the jurisdictional monetary limits of all the lower Courts in the State of New York which would otherwise have jurisdiction of this matter" does not satisfy the monetary threshold for diversity jurisdiction because the jurisdictional limitation of the lower civil courts of New York is $25,000. See Islam v. Hertz Vehicles, LLC, 20-CV-4515 (PKC) (RLM), 2020 WL 5893965, at *2 (E.D.N.Y. Oct. 5, 2020); see also Woodley v. Mass. Mut., No. 08-CV-949 (NRB), 2008 WL 2191767, at *2 n.3 (S.D.N.Y. May 23, 2008) ("Ad damnum clauses identical to the plaintiff's have been repeatedly found too vague and ambiguous to enable an intelligent assessment of whether the amount-in-controversy requirement of diversity jurisdiction has been satisfied." (collecting cases)). Accordingly, Plaintiff shall show cause why this case should not be dismissed. This Order does not affect any other deadlines in this case. Ordered by Judge Pamela K. Chen on 1/24/2022. (Mahkamova, Shirin)
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| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 6 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 5 Summons Issued as to All Defendants. (Attachments: #1 City NY summons) (Bowens, Priscilla) |
| Filing 4 Proposed Summons. by John Carrier (White, Shaun) |
| Filing 3 Proposed Summons. by John Carrier (White, Shaun) |
| Filing 2 Civil Cover Sheet.. by John Carrier (White, Shaun) |
| Filing 1 COMPLAINT against City of New York, New York City Housing Authority filing fee $ 402, receipt number ANYEDC-15212062 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by John Carrier. (White, Shaun) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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